IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2513 of 2009()
1. RAJISH, S/O.RAJAN, ALINGAPOKKAM HOUSE,
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.MANSOOR.B.H.
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :20/08/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
------------------------------------------
CRL.M.C.NO.2513 OF 2009
------------------------------------------
Dated 20th August 2009
O R D E R
Petitioner was third accused in
C.C.1440/2002 on the file of Judicial First Class
Magistrate, North Paravur. Case as against him was
split up and re-filed as C.C.757/2007, as he was
absconding and the remaining 19 accused were tried by
the learned Magistrate for the offences under
Sections 143, 147, 148 and 427 read with Section 149
of Indian Penal Code and Section 3(2)(C) of P.D.P.P
Act. Under Annexure-I judgment all the other accused
were acquitted. This petition is filed under Section
482 of Code of Criminal Procedure to quash the case
as against petitioner contending that even if
petitioner is to be tried, there is no chance of a
successful conviction and in such circumstances, case
as against the petitioner is to be quashed.
2. Learned counsel appearing for the
petitioner and learned Public Prosecutor were heard.
3. Though acquittal of the co-accused by
CRMC 2513/09
2
itself is not a ground for quashing the proceedings as
against the absconding accused, Annexure-A2 final report
shows that there is no specific allegation of any overt
act committed by the petitioner. On the other hand,
prosecution case is against 20 accused persons and
petitioner is roped in with the aid of Section 149 of
Indian Penal Code. When all the remaining 19 accused
were tried and acquitted, even if petitioner is to be
tried there is no chance for successful prosecution. It
is seen from Annexure-I judgment that even when the
other 19 accused were tried, in spite of coercive steps,
prosecution could not examine the prosecution witness
except CW1 who was examined as PW1. In such
circumstances, even if petitioner is to be tried, it
would only result in unnecessary waste of valuable
time of the court, which otherwise could be used for
better purpose.
In such circumstances, petition is allowed.
C.C.757/2007 on the file of Judicial First Class
Magistrate, North Paravur is quashed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.